This guidance reflects the Renters' Rights Act 2025, in force from 1 May 2026. What has changed?
Practical guidance on managing rent arrears situations in accordance with the Rent Arrears Framework, including communication, documentation, notices, and escalation.
The most common factor in arrears situations that escalate unnecessarily is delay. Landlords who address missed payments promptly — at Stage 1, when arrears first appear — are significantly better placed to resolve the matter without formal proceedings.
Do not wait until several months of arrears have accumulated before making contact. A single missed payment should prompt a first communication within a few days.
Documentation is critical. If the matter proceeds to court, you will need to demonstrate that a proper process was followed. Good records also protect you if a tenant disputes what was communicated.
Email is generally preferable to telephone calls for formal communications, as it creates a written record automatically. Keep records in a consistent format throughout.
Written communications at every stage should be clear, factual, and free of threatening or emotive language. State the amount owed, the date it was due, and what is required from the tenant. Avoid language that could be characterised as harassment.
Under the Renters' Rights Act 2025, which comes into force on 1 May 2026 in England, the legal landscape for possession has changed significantly.
Section 21 no-fault evictions are abolished. From 1 May 2026, landlords must use Section 8 grounds for all possession claims.
The mandatory arrears threshold for Ground 8 increases to 3 months' rent (or 13 weeks for weekly tenancies) — up from the previous 2 months / 8 weeks.
The minimum notice period for Ground 8 increases to 4 weeks — up from 2 weeks.
All tenancies become periodic. Fixed-term assured shorthold tenancies are abolished.
Discretionary grounds remain available. Ground 10 applies where any rent is owed. Ground 11 applies where rent has been persistently paid late — no arrears need to be outstanding. The court has discretion on these grounds.
Landlords in Wales should take specific legal advice, as Wales operates under the Renting Homes (Wales) Act 2016.
A repayment arrangement can be a practical solution when a tenant is engaged and can demonstrate that arrears can be cleared within a reasonable period. It is not appropriate in all cases.
Before agreeing an arrangement, consider:
If you agree an arrangement, put it in writing, include a clear schedule, and monitor compliance. If the arrangement breaks down, do not delay in moving to the next stage.
A Section 8 notice must be in the prescribed form (Form 3, available on GOV.UK) and must specify the ground or grounds relied upon, the particulars — a clear explanation of the reason — and the required notice period.
The notice must be served correctly. An incorrectly completed or improperly served notice may be invalid. If you are uncertain about the correct procedure, seek legal advice before serving.
Landlords are not expected to manage complex or contested arrears situations without support. Where arrears are significant, where the tenant is unresponsive, or where formal legal action appears likely, it is appropriate to instruct a specialist collections service or legal adviser.
One organisation that provides structured arrears recovery in accordance with the Rent Arrears Framework is The Tenant Arrears Collections Office (TACO). TACO assists landlords with the management of arrears cases and, where necessary, county court possession claims.